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HomeMy WebLinkAbout021974 ORD - 06/28/1994AN ORDINANCE ANNEXING A 7.65 ACRE TRACT, A STRIP OF LAND, COMPRISED OF PUBLIC RIGHT-OF-WAY, A PORTION OF SHARPSBURG ROAD AND RAILROAD RIGHT-OF-WAY, OWNED BY THE UNION PACIFIC RAILROAD COMPANY AND COMING OUT OF THE GREGORIO FARIAS GRANT, ABSTRACT NO. 592, IN NUECES COUNTY, TEXAS DESCRIBED IN VOLUME 1754, PAGE 634 OF THE DEED OF RECORDS OF NUECES COUNTY, TEXAS. WHEREAS, the City of Corpus Christi desires to annex said territory to the City of Corpus Christi; and WHEREAS, on March 9, 1994, and March 15, 1994, public hearings were duly held following publication of due notice of said hearing in the official newspaper, pursuant to V.T.C.A., Local Government Code § 43.052, as amended, for the consideration of institution of proceedings for the annexation of defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi, at which all interested persons were afforded an opportunity to be heard; and WHEREAS, it has been determined by the City Council that the territory within said tract or parcel of land, now proposed to be annexed, abuts and is contiguous and adjacent to the City of Corpus Christi and constitutes lands and territories subject to annexation as provided by the City Charter Article I, Section 2; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the aforesaid lands and territory hereinafter described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the tract or parcel of land as set forth in "Exhibit A" attached, is hereby annexed, said parcel or tract being described in said Exhibit A which is attached hereto and by this reference incorporated herein for all purposes, as though fully set forth herein, marked "Exhibit A". The tract or parcel of land as set forth in "Exhibit A" attached, shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of \94NH\90012860.104 f 97,4 2 Texas, the City Charter, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. SECTION 2. That there is hereby approved as part of this ordinance a service plan attached hereto and made a part hereof for all purposes as "Exhibit B" which was made available for public inspection and explained at public hearings on March 3, 1994 and March 15, 1994. The service plan provides for the same number of services and levels of service for the annexed area to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. \94NH\94NH2860.104 r "EXHIBIT A" METES AND BOUNDS DESCRIPTION FOR A 7.65 ACRE STRIP OF PUBLIC RIGHT-OF-WAY AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE Describing a 7.65 acre tract of land, more or less, out of the Gregorio Farias Grant, abstract No. 592, in Nueces County, Texas and being a part of the same land described in Volume 1754, Page 634 of the Deed Records of Nueces County, Texas, the same consisting of three tracts: One being part of the recently relocated portion of The Missouri -Pacific Railroad and the others, Parts 1 and 2 of Parcel No. 34 as described in Judgment No. 44944-4, concerning the State of Texas vs Garnett T. Brooks, et ux., et, al in the Nueces County Court of Law No. Four, Nueces County, Texas and more particularly described as one tract as follows; Beginning at a point, the intersection of the North right-of-way line of a 40 foot wide dedicated road sometimes called Ramos Street, the present city limit line as established by Ordinance No. 16572, dated 11/18/81, and the East right-of-way line of the present 60 foot wide Sharpsburg Road as described in Parcel No. 34 Part 1 of said Judgment No. 44944-4, for the Southernmost comer of the tract here -in described; THENCE in a westerly direction with the said present city limit line, a distance of 30 feet, more or less, to a point on the former East right-of-way line of 60 foot wide Sharpsburg Road, the same being a point on the West boundary line of said Parcel No. 34 Part 1 as described in Judgment No. 44944-4, for the Westerly South comer of this tract; THENCE N 19 28' 10" West, continuing with the present city limit line and the West line of said Parcel No. 34, Part 1, at 205 feet, more or less, pass a point of deflection to the right on the West line of said Parcel 34, Part 1, a distance in all of 653 feet, more or less, along said former East right-of-way line of 60 foot wide Sharpsburg Road, its curves and its angles, to a point, the South corner of Parcel No. 34, part 2 as described in aforementioned Judgment No. 44944-4, and the point of beginning of a curve to the right whose Radius = 2754.789'; Chord Bearing = N 15 54'45.63" W; Chord Distance = 185.8265'; THENCE in a Northerly direction continuing with the present city limit line and said curve to the right, an arc distance of 185.86 feet, more or less, to a point for an inside corner of said Parcel No. 34, Part 2, and an inside corner of this tract; THENCE continuing with the present city limit line and the north right-of-way line of the former 60 foot wide Sharpsburg Road, S 76 04' 14" W a distance of 60 feet, more or less, to a point on the former East right-of-way line of the Missouri -Pacific Railroad, for an outside corner of said Parcel No. 34, Part 2 and the point of beginning of curve to the right whose Radius = 2814.789'; Chord Bearing = N 01 43' 01.36" W and Chord Distance = 1195.5959, for an outside comer of this tract; THENCE continuing with the present city limit line, the former East right-of-way line of the Missouri -Pacific Railroad, an arc distance of 1204.77 feet, more or less, to a point; THENCE continuing with the present city limit line, the former East right-of-way line of the Missouri -Pacific Railroad, N 10 32' 41" E, a distance of 115 feet, more or less, to a corner in the present city limit line, its intersection with the Westerly extension of the common boundary line between Lots 16 and 17, of now vacated Calallen Irrigation Gardens as shown on plat of record in Volume T, Page 159, Nueces County Plat Records, Nueces County Texas, for the Northwest corner of this tract; THENCE leaving the present city limit line, in a Southeasterly direction, with said Westerly extension of the common line between Lots 16 and 17, Calallen Irrigation Gardens, the same being the Southeasterly extension of said present city limit line, at 30 feet, more or less, pass the west right- of-way line of the present Missouri -Pacific Railroad, a distance in all of 130 feet, more or less, to a point on the present East right-of-way line the Missouri -Pacific Railroad, its intersection with the said common line between Lots 16 and 17, Calallen Irrigation Gardens for the Northeast corner of this tract; THENCE in a Southerly direction with the present East right-of-way line of said Missouri - Pacific Railroad, a curve to the left whose Radius = 5679.578, Chord Bearing = S 02 07' 04.86" E and a Chord Distance = 401.1751', an arc distance of 245 feet, more or less to the point of tangency; THENCE continuing with said present East right-of-way line of the Missouri -Pacific Railroad, S 04 06' 25" E, a distance of 1,010 feet, more or less, to a point, the Northwest corner of aforementioned Parcel No. 34, Part 1, a point on the North right-of-way line of the present 60 foot wide Sharpsburg Road, for an inside comer of this tract; THENCE N 86 44' 00" E with said North right-of-way line of the present 60 foot wide Sharpsburg Road, a distance of 60 feet, more or less, to a point, the Northeast comer of said Parcel No. 34, Part 1, for an outside corner of this tract; THENCE S 04 06; 25" E with the East right-of-way line of the present 60 foot wide Sharpsburg Road, a distance of 295.38 feet, more or less, to the point of beginning of a curve to the left whose Radius = 3709.7186'; Chord Distance = 786.717' and Chord Bearing = S 10 11' 37.41" East; THENCE in a Southerly direction with said curve to the left, and arc distance of 535 feet, more or less, to its intersection with the North right-of-way line of the aforementioned dedicated 40 foot roadway sometimes called Ramos Street and the present city limit line for the POINT OF BEGINNING. r • SAN MINIS • v I 0• r "EXHIBIT B" SERVICE PLAN FOR A 7.65 ACRE STRIP OF LAND COMPRISED OF PUBLIC RIGHT-OF-WAY AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE The City will assume maintenance of existing paved Sharpsburg Road, as well as future curbs, gutters, gas, drainage, water and sewer facilities, that are constructed in subject right-of-way in accordance with City standards after inspection and acceptance by the City. Items to be provided in the service plan are as follows: 1) Public safety protection, including fire and police protection, will be provided at a comparable level of service as other parts of the City on the effective date of annexation; 2) City garbage and brush collection will begin two weeks after the effective date of annexation; 3) City Code Enforcement, which includes high weeds and grass, abandoned or junked automobiles, will be initiated within 60 days of the effective date of annexation; 4) City maintenance of street lighting and street signs on the segment of Sharpsburg Road right-of-way will commence within 60 days of the effective date of annexation, or as installed and accepted by the City in accordance with the Platting Ordinance; and 5) The zoning designation for the 7.65 acre tract is proceeding with the concurrent annexation proceedings. An "I-2" Light Industrial District has been recommended for the zoning public hearings. 3 That the foregoing ordinance was read for the f' st time and passed Ato. its second reading on this the 0 day of 19 , by the following vote: Edward A. MartinINL- ////���� 1 , Dr. David McNichols /�ti19 Melody CooperLAIAtf Cu' David Noyola nk-Ali Cezar Galindo Clif Moss `Lbw n r r Betty Jean Longoria passed finally on this the 2.V day of That the foregoing ordinanc,,e was read f r the second tim and u4lQ , 19 by the following vote: Mary Rhodes _4 Edward A. Martin kit" Dr. Jack Best Dr. David McNichols Lt Melody Melody Cooper Cl/FrDavid Noyola Cezar Galindo /l�_ .7` Clif Moss 6" Betty Jean Longoria "" PASSED AND APPROVED, this the is day of J VNO , 19 / . Mary Rhodes Dr. Jack Best ATTEST: Armando Chapa, Citecretary MAYOR THE CITY •F APPROVED THIS 22ND DAY OF MARCH, 1994: JAMES R. BRAY, JR., CITY ATTORNEY By: rber J. Hart, LQ.istant CityTttorney \94NH\94NH2860.104 i u:.197 CORPUS CHRISTI DOC# 918454 41516 j n CERTIFICATE / '' ;y, (co JUL 1994 THE STATE OF TEXAS § �� 4 G COUNTY OF NUECES § \<., I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 021974, passed and approved by City Council on June 28, 1994 as same appears in the Official records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 7th day of July, 1994. Armando Chapa City Secretary Corpus Christi, Texas AN ORDINANCE ANNEXING A 7.65 ACRE TRACT, A STRIP OF LAND, COMPRISED OF PUBLIC RIGHT-OF-WAY, A PORTION OF SHARPSBURG ROAD AND RAILROAD RIGHT-OF-WAY, OWNED BY THE UNION PACIFIC RAILROAD COMPANY AND COMING OUT OF THE GREGORIO FARIAS GRANT, ABSTRACT NO. 592, IN NUECES COUNTY, TEXAS DESCRIBED IN VOLUME 1754, PAGE 634 OF THE DEED OF RECORDS OF NUECES COUNTY, TEXAS. WHEREAS, the City of Corpus Christi desires to annex said territory to the City of Corpus Christi; and WHEREAS, on March 9, 1994, and March 15, 1994, public hearings were duly held following publication of due notice of said hearing in the official newspaper, pursuant to V.T.C.A., Local Government Code § 43.052, as amended, for the consideration of institution of proceedings for the annexation of defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi, at which all interested persons were afforded an opportunity to be heard; and WHEREAS, it has been determined by the City Council that the territory within said tract or parcel of land, now proposed to be annexed, abuts and is contiguous and adjacent to the City of Corpus Christi and constitutes lands and territories subject to annexation as provided by the City Charter Article I, Section 2; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the aforesaid lands and territory hereinafter described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the tract or parcel of land as set forth in "Exhibit A" attached, is hereby annexed, said parcel or tract being described in said Exhibit A which is attached hereto and by this reference incorporated herein for all purposes, as though fully set forth herein, marked "Exhibit A". The tract or parcel of land as set forth in "Exhibit A" attached, shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of \94N11\94NN2860.104 021974 2 Texas, the City Charter, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. SECTION 2. That there is hereby approved as part of this ordinance a service plan attached hereto and made a part hereof for all purposes as "Exhibit B" which was made available for public inspection and explained at public hearings on March 3, 1994 and March 15, 1994. The service plan provides for the same number of services and levels of service for the annexed area to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. \94NH\94NH2860.104 "EXHIBIT A" METES AND BOUNDS DESCRIPTION FOR A 7.65 ACRE STRIP OF PUBLIC RIGHT-OF-WAY AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE Describing a 7.65 acre tract of land, more or less, out of the Gregorio Farias Grant, abstract No. 592, in Nueces County, Texas and being a part of the same land described in Volume 1754, Page 634 of the Deed Records of Nueces County, Texas, the same consisting of three tracts: One being part of the recently relocated portion of The Missouri -Pacific Railroad and the others, Parts 1 and 2 of Parcel No. 34 as described in Judgment No. 44944-4, concerning the State of Texas vs Garnett T. Brooks, et ux., et, al in the Nueces County Court of Law No. Four, Nueces County, Texas and more particularly described as one tract as follows; Beginning at a point, the intersection of the North right-of-way line of a 40 foot wide dedicated road sometimes called Ramos Street, the present city limit line as established by Ordinance No. 16572, dated 11/18/81, and the East right-of-way line of the present 60 foot wide Sharpsburg Road as described in Parcel No. 34 Part 1 of said Judgment No. 44944-4, for the Southernmost corner of the tract here -in described; THENCE in a westerly direction with the said present city limit line, a distance of 30 feet, more or less, to a point on the former East right-of-way line of 60 foot wide Sharpsburg Road, the same being a point on the West boundary line of said Parcel No. 34 Part 1 as described in Judgment No. 44944-4, for the Westerly South corner of this tract; THENCE N 19 28' 10" West, continuing with the present city limit line and the West line of said Parcel No. 34, Part 1, at 205 feet, more or less, pass a point of deflection to the right on the West line of said Parcel 34, Part 1, a distance in all of 653 feet, more or less, along said former East right-of-way line of 60 foot wide Sharpsburg Road, its curves and its angles, to a point, the South corner of Parcel No. 34, part 2 as described in aforementioned Judgment No. 44944-4, and the point of beginning of a curve to the right whose Radius = 2754.789'; Chord Bearing = N 15 54'45.63" W; Chord Distance = 185.8265'; THENCE in a Northerly direction continuing with the present city limit line and said curve to the right, an arc distance of 185.86 feet, more or less, to a point for an inside corner of said Parcel No. 34, Part 2, and an inside corner of this tract; THENCE continuing with the present city limit line and the north right-of-way line of the former 60 foot wide Sharpsburg Road, S 76 04' 14" W a distance of 60 feet, more or less, to a point on the former East right-of-way line of the Missouri -Pacific Railroad, for an outside corner of said Parcel No. 34, Part 2 and the point of beginning of curve to the right whose Radius = 2814.789'; Chord Bearing = N 01 43' 01.36" W and Chord Distance = 1195.5959, for an outside corner of this tract; THENCE continuing with the present city limit line, the former East right-of-way line of the Missouri -Pacific Railroad, an arc distance of 1204.77 feet, more or less, to a point; THENCE continuing with the present city limit line, the former East right-of-way line of the Missouri -Pacific Railroad, N 10 32' 41" E, a distance of 115 feet, more or less, to a corner in the present city limit line, its intersection with the Westerly extension of the common boundary line between Lots 16 and 17, of now vacated Calallen Irrigation Gardens as shown on plat of record in Volume T, Page 159, Nueces County Plat Records, Nueces County Texas, for the Northwest corner of this tract; THENCE leaving the present city limit line, in a Southeasterly direction, with said Westerly extension of the common line between Lots 16 and 17, Calallen Irrigation Gardens, the same being the Southeasterly extension of said present city limit line, at 30 feet, more or less, pass the west right- of-way line of the present Missouri -Pacific Railroad, a distance in all of 130 feet, more or less, to a point on the present East right-of-way line the Missouri -Pacific Railroad, its intersection with the said common line between Lots 16 and 17, Calallen Irrigation Gardens for the Northeast corner of this tract; THENCE in a Southerly direction with the present East right-of-way line of said Missouri - Pacific Railroad, a curve to the left whose Radius = 5679.578, Chord Bearing = S 02 07' 04.86" E and a Chord Distance = 401.1751', an arc distance of 245 feet, more or less to the point of tangency; THENCE continuing with said present East right-of-way line of the Missouri -Pacific Railroad, S 04 06' 25" E, a distance of 1,010 feet, more or less, to a point, the Northwest comer of aforementioned Parcel No. 34, Part 1, a point on the North right-of-way line of the present 60 foot wide Sharpsburg Road, for an inside corner of this tract; THENCE N 86 44' 00" E with said North right-of-way line of the present 60 foot wide Sharpsburg Road, a distance of 60 feet, more or less, to a point, the Northeast corner of said Parcel No. 34, Part 1, for an outside corner of this tract; THENCE S 04 06; 25" E with the East right-of-way line of the present 60 foot wide Sharpsburg Road, a distance of 295.38 feet, more or less, to the point of beginning of a curve to the left whose Radius = 3709.7186'; Chord Distance = 786.717' and Chord Bearing = S 10 11' 37.41" East; THENCE in a Southerly direction with said curve to the left, and arc distance of 535 feet, more or less, to its intersection with the North right-of-way line of the aforementioned dedicated 40 foot roadway sometimes called Ramos Street and the present city limit line for the POINT OF BEGINNING. .1 �1 P IAN ..1.. 11 HIIL- --- 4 I 3 R� ` Aro' 1 RJpcpr,o ) 4 • v M • ST "EXHIBIT B" SERVICE PLAN FOR A 7.65 ACRE STRIP OF LAND COMPRISED OF PUBLIC RIGHT-OF-WAY AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE The City will assume maintenance of existing paved Sharpsburg Road, as well as future curbs, gutters, gas, drainage, water and sewer facilities, that are constructed in subject right-of-way in accordance with City standards after inspection and acceptance by the City. Items to be provided in the service plan are as follows: 1) Public safety protection, including fire and police protection, will be provided at a comparable level of service as other parts of the City on the effective date of annexation; 2) City garbage and brush collection will begin two weeks after the effective date of annexation; 3) City Code Enforcement, which includes high weeds and grass, abandoned or junked automobiles, will be initiated within 60 days of the effective date of annexation; 4) City maintenance of street lighting and street signs on the segment of Sharpsburg Road right-of-way will commence within 60 days of the effective date of annexation, or as installed and accepted by the City in accordance with the Platting Ordinance; and 5) The zoning designation for the 7.65 acre tract is proceeding with the concurrent annexation proceedings. An "I-2" Light Industrial District has been recommended for the zoning public hearings. That the foregoing passed to. its seco PCU , 19 Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria That the foregoing ordinang,e passed finally on this the Z by the following vote: 3 ordinance was read for the fst time and reading on this the 0 day of , by the following vote: Edward A. Martin Dr. David McNichols/�� d� David Noyola (/�^V`r Clif Moss Mary Rhodes Dr. Jack Best Melody:Cooper Cezar Galina Betty Jean, L6»gdfi PASSED AND Al4SOVEDc t 'the ATT ST: rmando Chapa, Cit ecretary was read f r the second tim nd day of JOULE , 19 Edward A. Martin Dr. David McNichols David Noyola Clif Moss a day of , 19. MAYOR THE CITY •F 'APPROVED THIS 22ND DAY OF MARCH, 1994: JAMES R. BRAY, JR., CITY ATTORNEY \94NH\94NH2860.104 istant Cityttorney CORPUS CHRISTI opt (Ay), c -c. c `-t?w' c' a 1 l act • 9004 es ' 07-08-1994 f 23.00 I: icial R8ecords in of IUECES Counter TX. ERhEST M. BRIONES Clerk of Courts Any prowison herein nihkh raldelttar bb, Iknbtor of the described REAL PROPERTY Scam of Race, Color. Rei'�'at Sac Nendke0.F ll&*tutoNationalOis ens and unenforceable under FEDERAL SAW, LILW. STATE Et TEXAS COUNTY OF NUECES Ihereby certify tMttnthW m ntwasFltEDingeNonlhea Sequence on the date and at the time stamped herein by me, end was duly RECORDED, in the Official Public Records of Nueces County, Texas on JUL 8 1994 COUNTY CLERK RUECES COUNTY, MIAS